United States Fourth Circuit

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Federal Deposit Insurance Corporation v. Cashion, 12-1588

Summary judgment in favor of the plaintiff acting as receiver for The Bank of Asheville (Bank), in an action by plaintiff to recover the deficiency owed on a promissory note executed by defendant and payable to the Bank, is affirmed, where: 1) the district court thus did not err in concluding that no genuine issue of material fact existed as to the plaintiff's status as holder of the Note; 2) the district court did not abuse its discretion in striking the surreply and affidavit; and 3) defendant has not come forward with evidence that creates a genuine issue of material fact as to whether the Note has been cancelled or assigned.

Appellate Information

  • Decided 06/19/2013
  • Published 06/19/2013

Judges

  • AGEE

Court

  • United States Fourth Circuit

Counsel